The concept of “fake news” will by now be familiar to many and governments around the world have begun to grapple with the difficulties presented by introducing regulations designed to combat its spread - regulations which some will view as limiting freedom of speech.

The German cabinet recently announced its backing for a draft bill which would see social media and other websites handed fines of as much as 50 million euros if, among other things, users are not able to flag up hate speech and fake news or if they do not take down these illegal content.  In addition, corporate officials implicated in failures to adhere to the new laws (if enacted) could be liable to pay up to 5 million euros.  The move comes as Germany prepares for its own federal elections in September 2017 and follows suggestions that voting elsewhere, for example in the US election and UK “Brexit” referendum in 2016, may have been influenced by false stories disseminated via social media.

In response to a parliamentary question on 3 April 2017, the Minister for Law in Singapore, Mr K. Shanmugam, mentioned that existing laws in Singapore were viewed as ineffective against the spread of fake news and announced the commencement of a government review as to how best to prevent the propagation of fake news.  It is not clear when the review is expected to be completed by.

The Info-communications Media Development Authority (IMDA) currently regulates internet service providers (ISP) and internet content providers (ICP) in Singapore via the Broadcasting (Class Licence) Notification (Class Licence) and the Internet Code of Practice (Code of Practice).  Pursuant to the Class Licence, ICPs and ISPs are deemed to be licensed and are obliged to comply with conditions set out in the Class Licence as well as the Code of Practice.

The Code of Practice requires ISPs and ICPs to use their “best efforts to ensure that prohibited material is not broadcast via the Internet to users in Singapore”.  Prohibited material is defined broadly and includes material that is “objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable Singapore laws”.

As well as establishing the regulatory framework outlined above, IMDA encourages the industry to self-regulate and to adopt a socially-responsible approach with respect to Internet content.  In addition, IMDA recognises the importance of educating the public when it comes to use of the Internet and has invested in programmes to promote media literacy, including the formation in 2012 of the Media Literacy Council.

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